Sierra Drawn Steel Corp. v. Gregory

This cause having come before the court for hearing on [1] plaintiff’s motion for a preliminary injunction, and [2] defendants’ motion to dismiss; and the motions having been argued and submitted for decision; and it appearing to the court:

(a) that this court has original jurisdiction over the subject matter of this action [ 28 U.S.C. § 1331 ] wherein plaintiff seeks an interlocutory and permanent injunction restraining enforcement of certain provisions of the Defense Production Act of 1950, 64 Stat. 798 , as amended in 1952 by 66 Stat. 296 , 50 U.S.C.A.Appendix, § 2061 et seq., and of certain regulations and orders issued under claimed authority of the salary stabilization provisions of the Act, 50 U.S.C.A.Appendix, §§ 2102-2109; and in the exercise of such jurisdiction this court is authorized “to determine the constitutional validity” and to restrain the operation of the Act, cf. Yakus v. United States, 1944, 321 U.S. 414, 419, 430 , 64 S.Ct. 660, 670 , 88 L.Ed. 834 ; Bowles v. Willingham, 1944, 321 U.S. 503, 511-512, note 7 , 64 S.Ct. 641 , 88 L.Ed. 892 , and those regulations and orders issued thereunder relating to salary controls, 50 U.S.C.A.Appendix, § 2108 (c, b, d); 2…